[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Rules and Regulations]
[Pages 37719-37720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18505]
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972 Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
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SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS ARLEIGH BURKE (DDG 51) is a vessel of the Navy which, due to
its special construction and purpose, cannot comply fully with certain
provisions of the 72 COLREGS without interfering with its special
functions as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: June 23, 1997.
FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400, Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS ARLEIGH BURKE (DDG 51) is
a vessel of the Navy which, due to its special construction and
purpose, cannot comply fully with the following specific provision of
72 COLREGS without interfering with its special function as a naval
ship: Annex I, paragraph 3(a), pertaining to the location of the
forward masthead light in the forward quarter of the ship, the
placement of the after masthead light, and the horizontal distance
between the forward and after masthead lights. The Deputy Assistant
Judge Advocate General (Admiralty) has also certified that the lights
involved are located in closest possible compliance with the applicable
72 COLREGS requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), Vessels.
Accordingly, 32 CFR Part 706 is amended as follows:
PART 706--[AMENDED]
1. The authority citation for 32 CFR part 706 continues to read as
follows:
Authority: 33 U.S.C. 1605.
2. Table Five of Sec. 706.2 is amended by revising the entry for
the USS ARLEIGH BURKE to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
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Table Five
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After masthead light
Masthead lights not over Forward masthead light less than \1/2\ ship's Percentage
Vessel No. all other lights and not in forward quarter of length aft of forward horizontal
obstructions. Annex I, ship. Annex I, sec. 3(a) masthead light. Annex I, separation attained
sec. 2(f) sec. 3(a)
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USS ARLEIGH BURKE............... DDG 51 X........................ X........................ X....................... 19.0
* * * * * * *
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[[Page 37720]]
Dated: June 23, 1997.
Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 97-18505 Filed 7-14-97; 8:45 am]
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